Law Commons^™

Megafirms, Randall S. Thomas, Stewart J. Schwab, Robert G. Hansen

Cornell Law Faculty Publications

This Article documents and explains the amazing growth of the largest firms in law, accounting, and investment banking. Scholars to date have used various supply-side theories to explain this growth, and have generally examined only one industry at a time. This Article emphasizes a demand-side explanation of firm growth and shows how the explanation is similar for firms in all "project" industries. Legal regulation also plays an important role in determining industry structure. Among the areas covered in this Article are the growth of Multidisciplinary Practice firms (MDPs). MDP growth can best be understood by looking more broadly at the …

The Judicial Process For Victims Of Domestic Violence, And The Health Impact Of Domestic Violence, Assembly Select Committee On Domestic Violence

California Assembly

No abstract provided.

Medi-Cal Funded Induced Abortions 2000, Department Of Health Services

California Agencies

This report provides summary data on the number of fee-for-service Medi-Cal funded abortions performed during 2000, the type of facility where a procedure was performed, and Medi-Cal expenditures for these procedures. Only abortion claims received and processed for date-of-service January through December 2000 are included in this report. The term fee-for-service (FFS) used throughout this report refers to these claims. The data are presented at both county and state levels. Estimates of abortions for enrollees in Health Care Plans (HCP) are included since encounter data are not yet available. A distribution by county is provided.

Access To Pediatric Services Under Medicaid Managed Care In The District Of Columbia, Karen Shaw, Sara J. Rosenbaum

Health Policy and Management Faculty Publications

No abstract provided.

Ndls Update 12/2001, Notre Dame Law School

NDLS Update

No abstract provided.

Throwing Good Money After Bad? Board Connections And Conflicts In Bank Lending, Philip E. Strahan, Randall S. Kroszner

Coase-Sandor Working Paper Series in Law and Economics

This paper investigates the frequency of connections between banks and non-financial firms through board linkages and whether those connections affect lending and borrowing behavior. Although a board linkages may reduce the costs of information flows between the lender and borrower, a board linkage may generate pressure for special treatment of a borrower not normally justifiable on economic grounds. To address this issue, we first document that banks are heavily involved in the corporate governance network through frequent board linkages. Banks tend to have larger boards with a higher proportion of outside directors than non- financial firms, and bank officer-directors tend …

10th Biennial Judge Joe Lee Bankruptcy, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 10th Biennial Judge Joe Lee Bankruptcy Institute held December 2001.

Introduction To "Books", Margaret A. Leary

Articles

It's well known that graduate William B. Cook's generosity provided the Law School with its trademark Gothic Law Quadrangle. It is less universally known that Cook endowed the Law School with a trust to support faculty research, and had a strong interest in the nature of that research. He chose to call the library building "Legal Research" and to inscribe above the main entrance "Learned and cultured lawyers are safeguards of the republic." Cook often said that the lack of "intellectual leadership 1s the greatest problem which faces America," and he wanted this Law School to provide that missing leadership. …

Using A Civil Procedure Exam Question To Teach Persuasion, Sophie M. Sparrow

Law Faculty Scholarship

Studies show that learners master new material more effectively when it builds upon what they already know. By revisiting assignments from a previous semester, students can focus their efforts on persuading, rather than learning new doctrine or facts. Turning a predictive discussion into a persuasive argument demonstrates that making an argument requires the same rigorous thinking as predicting a result. One way to do this is to assign students to write an argument based on their fall Civil Procedure exam.

From Common Law To Civil Law Jurisdictions: Court Adr On The Move In Germany, Nadja Alexander

Research Collection Yong Pung How School Of Law

In Australia today, ADR processes are recognised not only as a distinct system of dispute resolution, but also as a system that interacts interdependently with the legal system. This is most clearly demonstrated in the context of court-related mediation, which is increasingly seen as an effective way to increase access to, participation in, and satisfaction with the way legal disputes are resolved. Cappelletti categorises ADR as the third wave in the worldwide access-to-justice movement. ADR provides a different approach and a different sort of justice for solving disputes — what Cappelletti labels ‘co-existential justice’.

David Vs. Goliath (2001): An Analysis Of The Oecd Harmful Tax Competition Policy, Truman Butler

LLM Theses and Essays

The OECD or Organization for Economic Cooperation and Development has produced a report titled Harmful Tax Competition An Emerging Global Issue. The report is the single largest threat to the offshore finance industry. Further, the sweeping recommendations made by the report would at worst potentially discourage foreign investment in some of the more established offshore financial centers. This thesis represents an analytical view of the report and further gives some highlights to the anomalies found in the tax regimes of the major industrialized countries. It is clear that the actions of the OECD does create in effect a tax cartel. …

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward Stein

Articles

The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …

The Future Of Campaign Finance Reform Laws In The Courts And In Congress, Elizabeth Garrett

Public Law and Legal Theory Working Papers

No abstract provided.

Institute Brief: Developing Interagency Agreements: Four Questions To Consider, John Butterworth, Susan Foley, Deborah Metzel

The Institute Brief Series, Institute for Community Inclusion

Recent legislation emphasizes collaboration between state agencies. A good interagency agreement is one tool that can assist collaboration and promote systems change. Researchers offer four important considerations for an effective agreement and a worksheet for agency personnel.

An Empirical Study Of Associate Satisfaction, Law Firm Culture, And The Effects Of Billable Hour Requirements - Part One, Susan Saab Fortney

Faculty Scholarship

This article considers billing practices, the effects of hourly billing pressure, and firm culture as reflected in a survey of associates in Texas law firms. Part I of this article reports the empirical information from the survey. This information includes insight into the toll an increase in billable hour requirements has taken on legal practitioners and the consequent affect on the legal field. Part II discusses what the data means and how it might be used to improve the outlook for attracting and retaining good associates.

The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert

Articles

There was a time when the empire of Law was not overrun by economists. The economists had their own fiefdoms to be sure-there was the Duchy of Antitrust and the Kingdom of Regulatory Law-but the economists lived in peace within these borders, welcoming many unlike themselves into their midst, only gently proselytizing their students in the first few classes of a term, and swearing fealty to the law. It is true that a few marauders from beyond the borders saw the wealth of the empire and sought to colonize it, but even the most daring, Archbishop Coase and Duke Gary …

Executive Compensation In America: Optimal Contracting Or Extraction Of Rents?, Lucian A. Bebchuk, Jesse M. Fried, David I. Walker

Faculty Scholarship

This paper develops an account of the role and significance of rent extraction in executive compensation. Under the optimal contracting view of executive compensation, which has dominated academic research on the subject, pay arrangements are set by a board of directors that aims to maximize shareholder value by designing an optimal principal-agent contract. Under the alternative rent extraction view that we examine, the board does not operate at arm's length; rather, executives have power to influence their own compensation, and they use their power to extract rents. As a result, executives are paid more than is optimal for shareholders and, …

Communis Opinio And The Methods Of Statutory Interpretation: Interpreting Law Or Changing Law, Michael P. Healy

Law Faculty Scholarly Articles

Interpretive methodology lies at the core of the Supreme Court's persistent modern debate about statutory interpretation. Supreme Court Justices have applied two fundamentally different methods of interpretation. One is the formalist method, which seeks to promote rule-of-law values and purports to constrain the discretion of judges by limiting them to the autonomous legal text. The second is the nonformalist or antiformalist method, which may consider the legislature's intent or purpose or other evidence as context for understanding the statutory text. The debate within the current Court is commonly framed and advanced by Justices Stevens and Scalia. Justice Scalia is now …

Burdine V. Johnson -- To Sleep, Perchance To Get A New Trial: Presumed Prejudice Arising From Sleeping Counsel, James M. Donovan

Law Faculty Scholarly Articles

Few images slice as deeply into our self-image as a fair society than that of a defendant on trial for his very life depending upon the services of an attorney who naps throughout the proceedings. Although this scenario is not new, the courts have yet to resolve definitively how they should respond to a defendant burdened with snoozing counsel. This note discusses the outcome of the latest attempt. UPDATE: While a conscious lawyer is presumably a requirement of due process, some jurisdictions make no similar demand that judges remain awake: see http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2007/273.html

Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan

Faculty Publications By Year

No abstract provided.

Current Developments In Multistate Taxation, John Galloway, D. French Slaughter Iii

William & Mary Annual Tax Conference

No abstract provided.

Recent Tax Developments In Virginia: September, 2000-2001, William L.S. Rowe

William & Mary Annual Tax Conference

No abstract provided.

Representing The Failing Company Where The Irs Is "Knocking On The Door", Craig D. Bell, T. Keith Fogg, George C. Gretes, Nina E. Olson

William & Mary Annual Tax Conference

No abstract provided.

Tax Planning For Real Estate Developers, Charles H. Egerton

William & Mary Annual Tax Conference

No abstract provided.

The Like Kind Exchange: A Current Review, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.

Tax Planning For Real Estate Ownership, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.

Interview With Morris M. Shuster, Todd J. Griset, Morris M. Shuster, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

After 35 years in private practice, Morris M. Shuster (L'56) began teaching clinical practice and dispute resolution at Penn Law School in 1991. He endowed a faculty chair in clinical practice at Penn Law (currently held by Douglas Frenkel) and a public interest fellowship program through the Philadelphia Bar Foundation. He died in 2012.

International Red Cross Must Include Israel, Kenneth Lasson

All Faculty Scholarship

Israel's corresponding relief agency, the Mogen David Adom, has provided emergency services to countries all over the world since 1939, and it meets or surpasses every other standard for IFRC membership. Yet Israel remains the only nation left out of the 178- country federation. Why?

An IFRC spokesman says that it is "governments, not the federation, that give emblems the protective force of international law," and that "governments" are preparing to adopt an additional emblem, with no religious or national connotations, to stand alongside the Red Cross and the Red Crescent, one that Israel could adopt as its own.

The …

The Weekly November 26, 2001, North Carolina Central School Of Law

NCCU Law School Weekly

No abstract provided.

Vol. 21, No. 14 (November 26, 2001)

Indiana Law Annotated

No abstract provided.